Featured Issue: Representing Clients Before ICE
This resource page combines resources for attorneys representing clients before ICE. For information about why AILA is calling for the reduction and phasing out of immigration detention, please see our Featured Issue Page: Immigration Detention and Alternatives to Detention.
Quick Links
- Seeking Stays of Removal
- AILA Practice Pointers and Alerts (continually updated)
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- Practice Pointer: How to Locate Clients Apprehended by ICE
- Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
- AILA ICE Liaison Agenda and Meeting Minutes
Communicating with OPLA, ERO, and CROs
The Office of the Principal Legal Advisor (OPLA) includes 1300 attorneys who represent the Department of Homeland Security (DHS) in immigration removal proceedings before the Executive Office for Immigration Review (EOIR). OPLA litigates all removal cases as well as provides legal counsel to ICE personnel. At present, there are 25 field locations throughout the United States.
Enforcement and Removal Operations (ERO) manages all aspects of immigration enforcement from arrest, detention, and removal. ERO has 24 field office locations. ERO also manages an “alternative to detention” program that relies almost exclusively on the “Intensive Supervision Appearance Program (ISAP)” to monitor individuals in removal proceedings.
Since 2016, ICE has had an Office of Partnership and Engagement (formerly Office of Community Engagement) to be a link between the agency and stakeholders. As part of this office, Community Relations Officers (CROS) are assigned to every field office to work with local stakeholders such as attorneys and nonprofit organizations.
*Headquarters does not provide direct contact numbers or emails for individual employees.* (AILA Liaison Meeting with ICE on April 26, 2023)(AILA Doc. No. 23033004). However, attorneys can contact Chapter Local ICE Liaisons as they may have this information provided to them via local liaison engagement.
- DHS/ICE/OPLA Chief Counsel Contact Information [last updated in 2024, this list no longer appears on ICE.gov as of 1/27/25]
- Contact Information for Local OPLA Offices [last updated in 2024, this information no longer appears on ICE.gov as of 1/27/25]
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
Latest on Enforcement Priorities & Prosecutorial Discretion
Executive Order 14159 (90 FR 8443, 1/29/25) directs DHS to set priorities that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal, enforcement of the INA and other Federal laws related to the illegal entry and unlawful presence of [noncitizens] in the United States and the enforcement of the purposes of this order. Given the January 25, 2025, confirmation of DHS Secretary Kristi Noem, a memorandum detailing enforcement priorities may be issued in the coming weeks.
An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to targeted noncitizens and includes:
- National security or public safety threats;
- Those with criminal convictions;
- Gang members;
- Those who have been ordered removed from the United States but have failed to depart; and/or
- Those who have re-entered the country illegally after being removed.
Procedures and email inboxes created under the Biden Administration to request Prosecutorial Discretion no longer appear on the ICE website. AILA members are encouraged to review current DOJ regulations entitled “Efficient Case and Docket Management in Immigration Proceedings” for alternative basis for seeking termination or administrative closure.
Access to Counsel
- ERO eFile:
- An online system developed to electronically file G-28s with ERO. Attorneys and accredited representatives may register for ERO eFile accounts and may also sponsor law students and law graduates who work under their supervision. See AILA’s practice alert (AILA Doc. No. 24051506) for more information.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients
- Online Intake Form for the Detention Ombudsman (myOIDO)
- Available for complaints for issues in ICE and CBP Custody nationwide, including to submit complaints about access to counsel problems on behalf of currently or previously detained clients.
- Online Complaint Form for DHS Office for Civil Rights and Civil Liberties (CRCL)
- Oversight of Immigration Detention: An Overview - May 16, 2022
(provides a list of agencies with which attorneys may file administrative complaints of detention center violations) - Immigration Judge Complaint Toolkit – August 31, 2022
- Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access – July 16, 2021
Selected ICE Policies and Current Status
For comprehensive comparison of current and prior ICE policies, please review the “Immigration Policy Tracker (IPTP).” The IPTP is a project of Professor Lucas Guttentag working with teams of Stanford and Yale law students and leading national immigration experts.
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Browse the Featured Issue: Representing Clients Before ICE collection
CA1 Upholds Adverse Credibility Finding in Cambodian Asylum Claim
While the IJ arguably overstated the number and importance of the inconsistencies, the court held that the IJ had a rational basis for the adverse credibility finding. (Teng v. Mukasey, 2/14/08)
CA4 Holds CAT Factual Findings Not Reviewable; Adjustment Unavailable
CA4 found that it lacked jurisdiction to review the CAT claim because the issue on appeal was a factual determination by the BIA. The court held that Petitioner, who entered as a refugee and previously adjusted status, was unable to adjust status again. (Saintha v. Mukasey, 2/14/08)
CA2 Adopts 30 Day Grace Period for Certain Post-REAL ID Petitions for Review
The court held that where a final order of removal was issued prior to REAL ID's enactment, a petition for review will be considered timely filed if filed within 30 days of May 11, 2005. (Ruiz-Martinez v. Mukasey, 2/14/08)
AILA Urges DHS to Ensure Due Process During Raids
The American Immigration Lawyers Association urges the Department of Homeland Security to ensure due process during raids, and that detainees and individuals encountered during raids are treated humanely.
ICE Issues Detention Standards Complaint Procedures
ICE released the following detention standards complaint procedures which detail how individuals can file complaints where ICE detention facilities are not complying with detention standards.
DHS Secretary Testimony on the FY2009 Budget Request
Testimony of DHS Secretary Chertoff on “The President’s FY2009 Budget Request for the Department of Homeland Security” before the House Committee on Homeland Security.
BIA Says Burden Shifts to DHS After Asylum Applicant Establishes Past Persecution
The BIA held that, once an asylum applicant has established past persecution, the burden shifts to DHS to prove country conditions have changed, or the applicant could avoid future persecution by relocating, and it would be reasonable to do so. Matter of D-I-M-, 24 I&N Dec. 448 (BIA 2008)
ICE Raids Micro Solutions Enterprises in Van Nuys, California
On 2/8/08, ICE announced the arrest of 130 foreign nationals during a worksite enforcement operation at Micro Solutions Enterprises in Van Nuys, California on 2/7/08.
ICE Raids Universal Industrial Sales, Inc. in Utah
On 2/8/08, ICE announced the arrest of 57 foreign nationals during a worksite enforcement operation at Universal Industrial Sales, Inc. in Lindon, Utah on 2/7/08.
CA5 Says District Court Has Jurisdiction to Review I-130 Denials
The court held that a decision regarding the validity of a marriage for purposes of an I-130 visa petition is not discretionary within the meaning of INA §242(a)(2)(B), and is therefore, subject to judicial review. (Ayanbadejo v. Chertoff, 2/8/08)
CA1 Finds BIA Did Not Conduct Improper Factfinding in Asylum Case
The court held that the IJ resolved the issue of past persecution and that the BIA did not impugn the IJ’s factual finding, but simply explained why it was supportable. (Rotinsulu v. Mukasey, 2/8/08)
Scialabba Memo on Authority to Grant Asylum in Expedited Removal Process
Memo from Lori Scialabba, Associate Director, Refugee, Asylum, and Int'l Operations Directorate, USCIS, in response to the U.S. Commission on International Religious Freedom’s recommendation that asylum officers be given the authority to grant asylum at the time of the credible fear interview.
CA2 Says §212(a)(9)(C)(i)(II) Trumps §245(i) Adjustment
The court held that a person inadmissible under INA §212(a)(9)(C)(i)(II) is ineligible for §245(i) adjustment of status and inadmissibility under that subsection may not be waived by 8 CFR §212.2. (Delgado v. Mukasey, 2/7/08)
CA9 Finds Failure to Register as a Sex Offender in NV is Not a Crime Involving Moral Turpitude
CA9 held that failure to register as a sex offender under Nevada law is not a crime of moral turpitude. (Plasencia-Ayala v. Mukasey, 2/7/08)
CA2 Remands for Reconsideration of MTR Based on Velarde-Pacheco
The court found no 4th Amendment violation in the detention and interrogation of Petitioner at a mobile checkpoint but held that the BIA may not deny a motion to reopen under Velarde-Pacheco solely on the fact of DHS’s objection. (Melnitsenko v. Mukasey, 2/6/08)
CA9 Amends Grigoryan Decision; Instructs BIA to Grant MTR
The court amended its 11/19/07 decision regarding ineffective assistance of counsel in an asylum case by an Armenian-Turkish woman harmed in Azerbaijan, finding that the BIA erred in failing to presume prejudice and abused its discretion in denying the MTR. (Grigoryan v. Mukasey, 2/5/08)
BIA Gives Guidance to IJs on Creation and Preservation of Complete Record
The BIA held that IJs must insure a complete record is preserved, with attachments to oral decisions individualized and appended to the written memorandum summarizing the oral decision, which should reflect that there is an attachment. Matter of Kelly, 24 I&N Dec. 446 (BIA 2008)
CA2 Remands Frivolous Finding where Applicant Recanted before Final Decision
The court remanded where the applicant admitted filing a materially false asylum application, but withdrew it before the IJ made a final determination on the application. (Zheng v. Mukasey, 2/1/08)
Immigration Law Advisor, January 2008 (Vol. 2, No. 1)
Immigration Law Advisor, an EOIR legal publication, with an article on Brand X deference, federal court activity for December 2007, an article on “frivolousness” in asylum adjudications, update on recent BIA precedent decisions, a legislative commentary on CIR, and a regulatory update.
Attorney General Mukasey Announces $100 Million Funding Request for Border Enforcement
A 1/31/08 DOJ press release and fact sheet that announces a request for $100 million in FY2009 to fund the DOJ’s Southwest Border Enforcement Initiative.
CA6 Remands for Reconsideration of Late Appeal Filed Via Fedex
The court remanded the case to the BIA to reconsider whether “extraordinary and unique circumstances” – namely a six day delay by Federal Express – excused the untimely filing of Petitioner’s appeal. (Salazar v. Mukasey, 1/31/08)
BIA Discusses Meaning of “Child” in Context of Adoption of Siblings
The BIA held that a child who was adopted under 18, and whose natural sibling was subsequently adopted by the same parent/s while under the age of 16, may qualify as a “child”, even if the child’s adoption preceded that of younger siblings. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008)
CA1 Finds No Due Process Violation; Upholds Negative Credibility Finding
The court held that the BIA did not err in remanding Petitioner’s case to the same IJ where there was no allegation of misconduct, and found nothing improper about the IJ’s conduct at the second hearing. (Yosd v. Mukasey, 1/29/08)
CA7 Disagrees with BIA on Multiple Simple Possession Convictions
The court disagreed with the BIA in Matter of Carachuri-Rosendo. Had Plaintiff been prosecuted under federal law, he would have been treated as a felon by 21 USC §844(a) and was therefore, convicted of an aggravated felony. (United States v. Pacheco-Diaz, 1/29/08)
AILF/AILA Comment on EOIR's Proposed Rule to Amend Voluntary Departure Regulations
AILF and AILA submitted comments to EOIR's proposed rule on voluntary departure. The proposed rule provides that the filing of a motion to reopen or reconsider of a petition for review automatically terminates the grant of voluntary departure.